COMMISSIONER OF INCOME TAX Vs. SIMBHAOLI SUGAR MILLS

JUDGEMENT

(1.) The aforesaid three appeals are being disposed of by this common order as these relate to same Assessee, for the same assessment year and have common questions of law.

(2.) The facts leading to filing of these appeals in brief are that for the assessment year 1997-98, Assessee filed return at a total loss of about Rs. 17.20 crores. This return was processed under Section 143(1)(a) of the Income Tax Act (hereinafter referred to as "the Act"). Subsequently, the case was selected for scrutiny and assessment was completed under Section 143(3) of the Act on 26th November, 1999 at a total loss of about Rs. 5.28 crores after making certain additions and unabsorbed losses and depreciation. The Assessee preferred appeal before the Commissioner, Income Tax (Appellate) [hereinafter referred to as

(3.) Against this order, the Revenue has come in appeal in ITA No. 1391/2009.